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Confuse
14/09/2009 15:46:42
Re: Annual Leave

Miss X start worked with com on 17/6/09 as A/C Exe. She supposed to confirm in her position on 17/9/09 but she tendered her 1 mth notice of resignation w.e.f 15/9/09. She want the company to pay her prorate annual leave.

Since the company haven't confirm her, is she entitle for the prorate annual leave? Annual leave is awarded to confirmed employees according to the tenure of service.
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KL Siew
kl_siew@yahoo.com
14/09/2009 17:03:46
There is some controversies about this whether an employee with less than 12 months service who resigns is entitled to prorated annual leave or not. I have come across a case when one Labour Office said yes while another said no.
So, my advice is that you consult the Labour Department. Please update us when you got the answer: yes or no.
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CK
ckkong.my@gmail.com
15/09/2009 01:07:50
Every employee is entitled for annual leaves after 12 months service or prorated for an incomplete year. However, staffs under probation are usually not allowed to claim any paid leaves until they are confirmed in their position. In your case, Ms X has resigned at the wrong time. If she resigned 2 days later, she would be entitled for the prorated annual leaves.
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qq
15/09/2009 17:29:26
if an employee's service is terminated ( for reason other than misconduct) or if he resigns by giving due notice, he is entitled to proportionate annual leave or payment in lieu for the completed months of service.
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KL Siew
15/09/2009 21:45:28
Hi qq I do agree with you but as above, I said there was a controversy, and that's how it happened in my previous email correspondence with one of our readers as per extracts below. Names and email address was deliberately deleted.

1. In my email correspondence with one of my readers, it started like this:

" Hi, I would like to know how to calculate my annual leave if I start work on 21st July 2008 and tender my resignation letter on 21st Mar 2009? But my last day of working will be 20th Apr 2009.

According to my superior, annual leave will only be taken after 1 year of service. If she insist not pay back my annual leave, what should I do?

She never give me confirmation letter even though I asked from her before and also never give me pay slips start from 1st working day"

2. My reply:

"Since you are resigning, you are entitled to prorated leave for the number of months of service. It your entitlement is 8 days, you should get (8/12) x 9 months = 6 days. Take your 6 days leave before you go if they don't want to pay for it. If they don't want to grant you leave or pay you, complain to the Labour Office."

3. Reader's reply:

" Date: Wednesday, April 1, 2009, 7:12 PM

Hi,
So sorry to disturbing you again. I had check with Labour Office staff and she told me I am not allowed to claim for my Annual Leave because I never complete 1 year service in my company. But for what I know is like what you said so should I trust that staff or do I have anyway to make complain other than my area Labour Office B-- P--? Forgot to tell you my name is xx. "

4. My reply:

" Friday, April 03, 2009 10:29 AM

Subject: Re: Annual Leave Problem

Hi

That's what the law says:

60E...
and if he has not completed twelve months of continuous service with the same employer during the year in which his contract of service terminates, his entitlement to paid annual leave shall be in direct proportion to the number of completed months of service: ..."

You must tell the Labour Office that you have resigned and your former employer did not want to grant leave saying that you have not completed one years service. Go to the Labour Office personally to make complaint or claim and don't use telephone.
KL Siew "

5. Reader also made inquiry from the State Labour Office and their reply confirmed it:

" Thursday, April 2, 2009, 7:37 PM

Yup. According what u said, I already went to Labour Office and she said if I worked more than 1 year then I am entitled for the Annual Leave. E.g. If an employee work more than a year then resigned, emplyee are allowed to claim Annual Leave by pro-rated. If employee never completed 1 year service then it is not entitled for the Annual Leave by pro-rated. I also e-mail to Labour Office Johor and it is the answer given as below;

Hi, can I check with you regarding Annual Leave Claim?
I started work on 21st July 2008 and I tender my resignation on 21st Mar
2009. My last working day will be 20th April 2009. Am I entitle for my
Annual Leave for this 9 mths service in this company?
My superior said she checked with Labour office and the staff there told
her I am not entitled for the Annual Leave because I did not complete 1
year service for the company. Is it true?
>

Hi to you too,

yes miss Lim, it is trye that u r not entitle for any annual leave as u have
not completeing the 12 months continuous service requirement.

Thank you,

6. My advice to reader:

" April 03, 2009 12:55 PM

Subject: Re: Annual Leave Problem

Hi

If it has been officially ruled that way, I think you have to follow. I myself would not want to dispute it. Can you forward to me a copy of your original email to MOHR and their reply to you for my reference so that my advice to the visitors to my website will be in line with theirs.
Regards
KL Siew"

"

7. Reader referred the issue to the Human Resources Head Office

" Tuesday, March 31, 2009 3:56 PM
>>> Subject: Laman Web Rasmi Jabatan Tenaga Kerja Semenanjung Malaysia: Annual Leave
>>>
>>>> Ini adalah e-mail pertanyaan melalui http://jtksm.mohr.gov.my dari:
>>>>
>>>> Hi, can I check with you regarding Annual Leave Claim?
>>>> I started work on 21st July 2008 and I tender my resignation on 21st Mar 2009. My last working day will be 20th April 2009. Am I entitle for my Annual Leave for this 9 mths service in this company?
>>>> My superior said she checked with Labour office and the staff there told her I am not entitled for the Annual Leave because I did not complete 1 year service for the company. Is it true?

7.1 Their reply:

"Friday, April 03, 2009 8:31 AM
Subject: Re: Laman Web Rasmi Jabatan Tenaga Kerja Semenanjung Malaysia: Annual Leave
>>
>>> Hi to you too,
>>>
>>> yes miss Lim, it is trye that u r not entitle for any annual leave as u have not completeing the 12 months continuous service requirement.
>>>
>>> Thank you,

7.2 Reader asked for further explaination:

" Friday, April 03, 2009 10:43 AM
> Subject: Re: Laman Web Rasmi Jabatan Tenaga Kerja Semenanjung Malaysia: Annual Leave
>
>
>> Hi,
>> Can you asked more of it? Because I really don't get what it mean in the Labour Law state as below;
>>
>> That's what the law says:
>>
>> 60E...
>> and if he has not completed twelve months of continuous service with the same employer during the year in which his contract of service terminates, his entitlement to paid annual leave shall be in direct proportion to the number of completed months of service: ..."
>>
>> Can you explain to me, thanks! "

7.3 Their reply:

" April 03, 2009 11:34 AM
Subject: Re: Laman Web Rasmi Jabatan Tenaga Kerja Semenanjung Malaysia: Annual Leave

> miss lim, u are not entitle to take the annual leave before the completion of 12 month continous servise, nonetheless, as per the section u have quoted below, should u resign you are entitle to be paid for the annual (pro-rate) or to set-it off with the notice period (if your employer [permits)
>
> regards.

8. My advice to the reader:

"From: Kok Leung Siew
Sent: Friday, April 03, 2009 3:50 PM
Subject: Re: Annual Leave Problem

Hi

Looks like he has changed his mind after read that provision of the law. What you can do now is to print out a copy of that email and go to the local Labour Office and make a claim. If the local Labour Office says you cannot claim because you have not completed 12 months service, show them the email. Let them read it.
KL Siew"


9. Reader's reply:

" Hi,
For your information, I had check with the Labour Office at my area here. They told me I am not entitled for the Annual Leave also even I pass the e-mail to them. It is because I never complete my 1 year service for the company, and the law stated there means unless employee is terminated by employer who work less than a year then will be allowed to claim back Annual Leave. They told me Tenaga Pekerja Semenanjung Malaysia officer giving me the wrong information. Hope this will help you when you help your visitor to solve problem. "

10. Reader let Head Office know about the result:

"
Tuesday, April 07, 2009 9:25 AM
Subject: Re: Laman Web Rasmi Jabatan Tenaga Kerja Semenanjung Malaysia: Annual Leave

Hi,
Thanks for your previous advice. After I check with the Labour Office B-- P--, they told me I am not allowed to claim back my Annual Leave. I showed them the e-mail that you explain to me, they told me you give me the wrong information/advice. So anyway, I also confused now. Different party give different explanation. But if you can I still hope you can find for me the answer. If not, it is all right.

Thanks & Regards, "

10.1 No reply received yet.

11. The latest postion:

"14 Sep 2009 17:01:39 -0700

Hi

How are you getting on?
I just want to find out what was the outcome of your case, have you succeeded in getting your annual leave claim at the Labour Department?
Regards
KL Siew"

12. Reader is not happy:

"September 14, 2009 5:27 PM

Hi KL Siew,

I don't manage to claim back my Annual Leave. My B-- P-- Labour Office told me that the e-mail are wrongly explain. I don't trust Malaysia Labour Office. To me, they are really no Standard. Everyone have their own explanation and the law also never state clearly. I am really dissapointed with Malaysia Government.

Anyway, thanks for your concern.

Regards,"
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Confuse
17/09/2009 11:40:12
Hi Siew,

I just ask Sabah Labour regarding the entitlement for Annual Leave, the Labour Officer said yes, they can claim for the pro-rated. I did ask why another said no, but he said no such thing.

It's stated clearly in Sabah Labour book "and if he has not completed twelve months of continuous service with the same employer during the year in which his contract of service terminates, his entitlement to paid annual leave shall be in direct proportion to the number of completed months of service: ..."

I do have experience when asking a question to Labour Dept. everyone have their own explanation sometime wrong answer, the person might not qualified enough to give the answer. I am really dissapointed. We must call direct to the qualified Officer, he can explain the right answer.

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confusion
03/09/2012 15:11:29
How if let say a staff already work for one year plus, and then he tender resignation and giving 3 months notice. during that 3 months, does he still accumulate his annual leave?

He joined july 2011,he giving notice on september 2012 and suppose to work until 30.09.2012, is he entitle leave for august 2012 and september 2012 too?
tq.
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Miss R
01/07/2013 08:55:45
Miss R start to work at a company at 03/09/2013,as this company new program, management trainee,whereby she Is bind with 1year contract. Contract mention if she break the left the company within one year,she will need to pat certain amount. Probation for 6months,but today is already 01/07/2013. In next two days, it gonna be 10months. But until today she haven't get any confirmation yet. The contract does state the management reserve the right to extend the probation period for 3 more month. But even extend it already exceeded isn't it? And none of the people in the company inform her that her probation period will be extend. Can Miss R take any legal action to this company? Is she a free labor? In contract stated she suppose to have certain training but she didn't get all of it just some of it, isn't this call cheating? Contract also stated she suppose to get minimum 10% increment after she confirm but this is the 10th month and she haven't been confirm, and no notice that her probation get extended. Can she claim back her increment for the past few months?
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ELISHA
elishatc@gmail.com
01/01/2015 13:58:49
How many days a staff entitle to get annual leave within an year working period.
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Wendy
Wendy.ykstainless@gmail.com
20/01/2015 23:20:04
If I got 1 staff working with me for almost 6 months, by labor law what is the maximum month that I should confirmed her.? Please alert me. Thanks
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